State v. Beitel
Annotate this CaseDefendant and his father were both charged with criminal conspiracy to commit felony theft. The district court joined the two cases for trial. Before trial, Defendant filed a motion for absolute discharge alleging that his speedy trial time had run. The district court overruled Defendant’s motion, concluding that the codefendant exclusion of Neb. Rev. Stat. 29-1207(4)(e) applied to exclude additional time. The Supreme Court affirmed, holding (1) the trial court correctly interpreted and applied the codefendant exclusion under section 29-1207(4)(e); and (2) the trial court did not clearly err in finding that all three factors under the statute were proved by a preponderance of the evidence or in computing Defendant’s speedy trial time.
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